How do I get a case to court regarding me paying child support for children that are not mine?

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How do I get a case to court regarding me paying child support for children that are not mine?

I got a divorce. The ex-wife falsely claimed me as the father while I was in jail. I have been paying for children through child support that are not mine. I have the proof. How can this go to court to stop the payments.

Asked on September 12, 2011 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry that this has happened to you.  What you need to do is to bring a proceeding in court for modification of the support order and you need to put forth to the court your proof that you are not the Father of these children.  You could also ask for confirmation by requesting that the court order DNA testing on all of the children, should your proof be less than definitive.  DNA testing is really what the courts like to see, other than maybe an affidavit of paternity.   Go down to the court in which the order was issues (just a note: the proceeding has to be in the same state where the children are located) and ask them where you file the paperwork.  You may want to consider getting an attorney involved.  Good luck.


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